Supreme Court Rejects Cell Phone Search Warrant Case

The case raises questions about how much companies protect the privacy rights of their customers.

By Reuters

REUTERS | Joshua Roberts

This story originally appeared on Reuters

The U.S. Supreme Court rejected a test case on privacy in the digital age on Monday, declining to decide whether police need to obtain search warrants to examine cellphone location information held by wireless carriers.

The nine justices turned away an appeal filed by a Florida man named Quartavious Davis, who was convicted of participating in a string of 2010 robberies in the Miami area and was sentenced to 1,941 months, almost 162 years, in prison without possibility of parole.

Davis challenged his convictions in part on the grounds that police did not seek a warrant when they asked his cellphone provider, MetroPCS Communications Inc, for location information that linked him to the seven different crime scenes between August and October 2010. Among the businesses targeted by Davis and five co-defendants were a gas station, a Walgreens drug store and a Wendy's restaurant.

Davis sought Supreme Court review after the 11th U.S. Circuit Court of Appeals ruled in May that the failure to obtain a warrant did not violate Davis' right to be free from unreasonable searches and seizures under the Fourth Amendment to the U.S. Constitution.

The information that law enforcement agencies can obtain from wireless carriers shows which local cellphone towers users connect to at the time they make calls. Police can use the data to determine if a suspect was in the vicinity of a crime scene.

The case and others like it pending in lower courts raise questions about how much companies protect the privacy rights of their customers. The big four wireless carriers, Verizon, AT&T, T-Mobile and Sprint, receive tens of thousands of requests a year from law enforcement for what is known as "cell site location information," or CSLI.

Davis' lawyers at the American Civil Liberties Union argued that police need "probable cause," and therefore a warrant, in order to avoid constitutionally unreasonable searches.

But, based on a provision of the federal Stored Communications Act, the government said it does not need probable cause to obtain customer records. Instead, the government said, prosecutors need only show there are "reasonable grounds" for the records and that they are "relevant and material" to an investigation.

Civil liberties groups assert that the 1986 law did not anticipate the way mobile devices now contain a wealth of data on each user.

The case the court rejected is Davis v. United States, U.S. Supreme Court, No. 15-146.

(Reporting by Lawrence Hurley; Editing by Will Dunham)

Related Topics

Editor's Pick

This 61-Year-Old Grandma Who Made $35,000 in the Medical Field Now Earns 7 Figures in Retirement
A 'Quiet Promotion' Will Cost You a Lot — Use This Expert's 4-Step Strategy to Avoid It
3 Red Flags on Your LinkedIn Profile That Scare Clients Away
'Everyone Is Freaking Out.' What's Going On With Silicon Valley Bank? Federal Government Takes Control.
Leadership

How to Detect a Liar in Seconds Using Nonverbal Communication

There are many ways to understand if someone is not honest with you. The following signs do not even require words and are all nonverbal queues.

Celebrity Entrepreneurs

'I Dreaded Falling in Love.' Rupert Murdoch Is Getting Hitched for the Fifth Time.

The 92-year-old media tycoon announces he will wed former San Francisco police chaplain Ann Lesley Smith.

Leadership

How Great Entrepreneurs Find Ways to Win During Economic Downturns

Recessions are an opportunity to recalibrate and make great strides in your business while others are unprepared to brave the challenges. Here's how great entrepreneurs can set themselves up for success despite economic uncertainty.

Business Ideas

55 Small Business Ideas To Start Right Now

To start one of these home-based businesses, you don't need a lot of funding -- just energy, passion and the drive to succeed.

Starting a Business

Selling Your Business? Do These 6 Things Right Now.

If you want the maximum price you need to make these moves before you do anything else.

Business News

'Invest In That Future Now Before It's Too Late': Bill Gates Calls For Global Pandemic Response Team In Op-Ed

In the same month that the World Health Organization called the coronavirus a pandemic three years ago, billionaire Bill Gates reiterated his call for a "fire department for pandemics."